Affordable Elder Law Solutions: Alternatives for Legal Assistance When on a Budget

Article Summary

This article provides information on how to find legal help when an elder law attorney is not affordable.

Key takeaways:

1. There are federal, state, and local programs designed to help low-income individuals with their legal needs.
2. There are a variety of resources available for veterans, people with disabilities, and immigrants.
3. There are lawyer referral services, city courthouses, and free consultations that can help individuals find legal assistance.

Introduction

As a family caregiver to an older loved one, you’ve likely encountered recommendations to consult with an elder law attorney for various reasons. But, what if you can’t afford one?

Attorneys are expensive, typically charging hundreds of dollars per hour for their services. In fact, a recent report revealed that between 40-60% of middle-class families – and a whopping 80% of low-income individuals – can’t afford the legal assistance that they need.

So, what are your options? Luckily, you have several.

Eldercare attorneys cover a wide range of specialties. Let’s start by looking at what elder law attorneys do and then get into how to find legal assistance in these areas on a tight – or non-existent – budget.

What Do Elder Law Attorneys Do?

Elder law attorneys (sometimes called elder care attorneys) assist older adults and their families with a wide range of legal challenges common to the aging population.

Areas in which elder care attorneys specialize include:

• Estate planning (wills, trusts, power of attorney documents)
• Advance directives (living will, POA for Healthcare)
• Social Security or disability benefits
• Guardianship and conservatorships
• Long-term care planning
• Medicaid planning
• Elder neglect and abuse
• Financial exploitation

Elder law attorneys tend to be familiar with resources relevant to their clientele and are often skilled at helping seniors and their families navigate difficult decisions inherent in their areas of specialty.

Where to Find Free and Low-Cost Legal Assistance

There are several federal, state, and local programs designed to help low-income individuals with their legal needs.

LawHelp: Individuals with low to moderate incomes can find helpful forms, pro bono programs, and answers to questions about their legal rights at LawHelp.org.

Legal Services Corporation (LSC): A nonprofit organization that provides free legal assistance for Americans with very low incomes. LSC funds legal aid through over 130 independent organizations across the nation – find one in your area.

Other resources you can contact for information about local organizations that provide free or low-cost legal assistance for seniors include:

• Your local Area Agency on Aging
• The Eldercare Locator

For People with Legal Questions

The American Bar Association’s ABA Free Legal Answers is a public service clinic in which pro bono attorneys answer legal questions for individuals who live in participating states.

They cover topics such as:

• Housing
• Consumer rights
• Health
• Disability
• Civil rights
• Income maintenance
  

Learn more and get started at the ABA Free Legal Answers site.

• Immigrants and veterans issues should be directed to the ABA Free Legal Answers Immigration and Veterans Issues site.

For People with Disabilities

Each state has its own Protection and Advocacy Systems and Client Assistance Program, which provides legal assistance for people with disabilities who are experiencing problems with a range of legal issues.

Contact your state’s P&A/CAP agency to find out more.

For Veterans

Veterans can contact their VA Veterans Justice Outreach Specialist to locate legal service clinics or other community resources.

• Find a Free Legal Clinic with a VA Facility near you.

Other veteran's legal assistance resources include:

• Stateside Legal for low-income service members, veterans, and their families
• Armed Forces Legal Services Locator
• ABA Home Front’s Directory of Legal Programs for Military Families
• Modern Military Association of America for LGBTQ veterans and service members
• National Veterans Legal Services Program
• Self-Help Guide for Accessing VA Healthcare
• Veterans Consortium Pro Bono Program for free legal services for veterans in need

For People Who Need Legal Help with their Pension

Seniors in 31 states have access to free legal assistance for issues concerning their pension, retirement savings, or profit-sharing plans through the U.S. Administration on Aging's Pension Counseling and Information Program.

If your loved one doesn’t live in one of their covered areas, they can look for help through PensionHelp America.

For Immigrants

Find a number of legal resources for immigration issues at the ABA’s Federal Resource page.

Other Ways to Locate Affordable Legal Assistance

There’s a lot of potential free or low-cost legal assistance available, although you may have to do a bit of footwork to find them.

Ask a Lawyer Referral Service

Lawyer referral services listen to your needs, consider your location – and any language, budgetary or other constraints – and recommend a few attorneys who are best suited to help you.

Look for non-profit referral services, which are unbiased and will reliably direct you to whoever can serve you best. (On the other hand, for-profit referral services are paid by the lawyers to whom they refer clients, so they’re more likely to steer you toward an attorney who’ll pay them for the referral, even if there’s a better choice for you out there.)

Find a state-by-state list of non-profit lawyer referral services here.

Call the City Courthouse

Try calling your local courthouse for advice. Some offer free assistance for certain matters. Even if they don’t, they can usually point you in the right direction to locate the help your loved one needs.

Find a Free Consultation

Many lawyers offer free consultations over the phone, and consulting with one who specializes in the type of legal assistance you need can help. Even if their services would ultimately exceed your loved one’s budget, they may be able to suggest an affordable alternative in your area.

Investigate Your Employee Benefits

If you’re employed, talk to your company’s Human Resources department about whether they provide an Employee Assistance Program (EAP) that includes legal insurance, support, or services.

Look into Legal Aid

Legal aid lawyers specialize in serving low-income clients and tend to focus on issues such as:

• Accessing basic necessities (government benefits, Medicaid, health care, housing)
• Maintaining safety (elder abuse, guardianship, accommodations for disabilities, etc)
• Economic stability (tax support, consumer protection, unfair debt collection, etc)

Local legal aid offices exist in most areas. Legal aid services are free of charge, but many are limited to those with very low incomes (up to 125% of federal poverty guidelines).

To find your local legal aid office you can search online for “[Your city/state] Legal Aid” or visit LegalAidOffices.com.

Seek Pro Bono Work

Many lawyers volunteer a number of hours each year to help clients who can’t afford to pay for their services – a practice called pro bono work.

To find a lawyer willing to work pro bono visit LawHelp.org or find your loved one’s state listing at the Center for Pro Bono.

Talk to a Law School

Law schools often offer free legal clinics where students (supervised by attorneys) answer questions, offer advice, or might even take on your case for free.

Find a law school in your state on this list of U.S. law schools.

Turn to Your State Bar Association

Your state bar association can help you locate lawyers who provide pro bono services. Some also sponsor “Ask an Attorney” events, in which your loved one’s legal questions can be fielded at no charge.

Author Bio

Laura Herman is an elder and dementia care professional who advocates for better senior care in America. This article has been reviewed by TJ Falohun, co-founder and CEO of Olera. He is a trained biomedical engineer and writes about the cost of healthcare in America for seniors.